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Re: Editorial: ''De Blasio's Subway Follies''

Posted by Nilet on Wed Jul 26 10:16:45 2017, in response to Re: Editorial: ''De Blasio's Subway Follies'', posted by Dyre Dan on Wed Jul 26 09:44:59 2017.

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There has occasionally been a case where someone was acquitted on self-defense grounds after shooting at police. The most prominent one I know of involved a guy named Larry Davis. But such verdicts are extremely rare.

Then you concede that guns are useless as a tool for opposing corrupt governments.

Actually, I don't really want everyone walking around with a gun either.

Good. Then I suppose you agree that there is no right to own a gun.

But the Second Amendment is part of the Bill of Rights, like it or not.

1. The Constitution has no bearing on fundamental rights. Fundamental rights transcend governments; a piece of paper can't abolish them or create new ones.

2. The Second Amendment doesn't actually establish a right to own guns; that was the product of activist judges misreading the amendment to legislate from the bench.

And I don't want the precedent set that the Bill of Rights can be weakened by a new Amendment. If they can do it to the Second, they could do it to the First.

That's a somewhat bizarre concern. There is already a precedent of constitutional "rights" being weakened by new amendments— the 13th Amendment abolished the "right" to own slaves which had been enshrined in the body of the constitution itself. It didn't weaken any of the real rights.

There is also a precedent of the Bill of Rights being weakened by activist judges "interpreting" them as not really meaning anything; already the Fourth has been effectively repealed by court rulings that a single FISA rubber stamp can justify wiretapping the entire planet, and the Fifth and Sixth have been effectively repealed by court rulings that the government can imprison, torture, and kill anyone at the President's discretion. (Merrick Garland was one of the judges responsible for that mess— and Obummer wanted to put him on the Supreme Court!)

In fact, even your precious First Amendment is gone— because if the government can lock you up forever at their sole discretion, all other rights become meaningless. Manning was imprisoned and tortured for exercising her First Amendment rights; Snowden is a refugee who was essentially exiled under threat of being arrested for same.

That amending the constitution to remove "rights" that were never legitimate in the first place might result in the loss of important freedoms that are already long gone is a bit odd.

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